TERMS and CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MindCare. The collective work includes works that are licensed to MindCare. Copyright 2018, MindCare ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MindCare or purchasing MindCare products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MindCare or to purchase MindCare products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MindCare. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of MindCare used in the site are trademarks or registered trademarks of MindCare.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MindCare disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose and non-infringement. MindCare does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. MindCare does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
MindCare shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MindCare has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a MindCare product is mistakenly listed at an incorrect price, MindCare reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MindCare reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MindCare shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MindCare without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
MindCare may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MindCare.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MindCare) shall be in the state or federal courts located in Palm Beach County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MindCare) must be commenced within one (1) year after the claim or cause of action arises. MindCare's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MindCare may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MindCare or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
MindCare does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MindCare is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MindCare reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MindCare in its sole discretion.
You agree to indemnify, defend, and hold harmless MindCare, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, MindCare may link to sites operated by third parties. However, even if the third party is affiliated with MindCare, MindCare has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MindCare. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MindCare seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described on MindCareStore.com are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to obey all applicable local, state, federal and international laws, including minimum age requirements, in regard to the possession, use and sale of any item purchased from this Web site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use, where no admission fee is charged, non-public performance and may not be duplicated.
When an order is placed, it will be shipping to an address designated by the purchaser. All purchases from this Web site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. We require this information to understand your needs and to provide you with better service; in particular for internal record keeping, to improve our products and services and to periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
Your personally identifiable information is kept secure. Only authorized employees have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
These terms and conditions shall be construed, interpreted and performed exclusively according to the, excluding conflict of law rules, of the State of Florida, USA. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. Actions by MindCare for nonpayment by the Purchaser of the purchase price of products sold by MindCare may be brought by MindCare, at its option, before any judicial court of competent jurisdiction. At MindCare option, disputes between the Purchaser and MindCare shall be finally settled by arbitration in West Palm Beach, Florida, USA, under the Rules of the American Arbitration Association.
Refunds will be credited in the same form as they were paid if an item is returned within thirty (30) days of purchase on unopened packages. A 25% restocking fee will be charged. If a package is returned damaged, a restocking fee of 50% will apply. Please note all books & DVDs are final sale and not eligible for refunds. Returns will only be processed for items purchased exclusively from MindCare. Original shipping and handling fees are non-refundable. Include the packing slip with your returned items and send the package to MindCare via the instructions you receive by emailing us at the email below. Please click HERE for our full return policy and instructions. Items will not be exchanged unless they are defective or damaged. If any parts are missing, upon availability, we will send them to you. If you want to cancel un-shipped items, contact us immediately at orders@MindCareStore.com